The Complex Insurance Coverage Reporter

DUTY TO DEFEND – EXTRINSIC EVIDENCE

Republic Franklin Ins. Co. v. Ebensburg Ins. Agency, 2023 U.S. App. LEXIS 14528 (3d Cir. June 9, 2023)

Third Circuit questions, but declines to decide, whether Pennsylvania’s “four corners” rule permits an insurer under a claims-made professional liability insurance policy to terminate its defense of the insured based on extrinsic evidence unrelated to the merits of the underlying liability case. Quoting Erie Ins. Exch. v. Moore, 228 A.3d 258 (Pa. 2020), the court explained that, although Pennsylvania law provides that an ... Continue Reading

Wave of Deceptive Marketing PFAs Claims Raises “Personal and Advertising Injury” Coverage Issues
By: Gregory S. Capps and Lynndon K. Groff

Companies in various consumer products industries are increasingly facing claims alleging that they have deceptively marketed their products as safe and sustainable when, in reality, those products allegedly contain unsafe and unsustainable levels of chemicals known as per- and poly-fluoroalkyl substances, or “PFAS.” Since the beginning of 2022, plaintiffs have filed class-action lawsuits against several cosmetics ... Continue Reading